Terms & Conditions
Last updated
September 23, 2024
AGREEMENT TO OUR LEGAL TERMS
We are
Affilo Tech PTY LTD TheAffilo 24 Glendenning St, Albans, Victoria 3021. Our ABN number is 87 673 379 541.
We provide the website
https://www.theaffilo.com
(the
You may reach us by telephone at +61-430-072-282, by email at info@theaffilo.com, or by postal mail to 24 Glendenning St, Albans, Victoria 3021, Australia.
The following Legal Terms are a binding agreement between you, either individually or on behalf of an organization (
IF YOU DO NOT ACCEPT ALL OF THESE LEGAL TERMS THEN YOU ARE EXPRESSLY FORBIDDEN FROM USING THE SERVICES AND YOU MUST STOP IMMEDIATELY.
The Services are not for users under the age of 13.
All users who are minors, usually under 18, need to have the consent of and be directly supervised by their parent or guardian to access the services. If you are a minor then you must have your parent or guardian read and accept these Legal Terms before you may use the Services.
We suggest that you print a copy of these Legal Terms for your reference.
TABLE OF CONTENTS
1. OUR SERVICES
The information presented when using the services is not intended to be distributed or used by any individual or entity within any jurisdiction or country where such distribution or use is contrary to law or regulation or which would impose upon us any registration requirement in such jurisdiction or country. Those individuals who opt to use the services from other places do so at their own initiative and are responsible only for local laws.
The services are not designed to meet specific industry laws like (the Health Insurance Portability and Accountability Act (HIPAA) and the Federal Information Security Management Act (FISMA). If your activities are governed by such legislations then you cannot use the services. You may not use the services in a way that would violate the Gramm Leach Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owners of all intellectual property rights in our services including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics collectively called
Our Content and marks are governed by copyright and trademark laws and other intellectual property rights and anti-competition laws and treaties throughout the United States and globally.
The Content and marks are made available in or through the services
Your use of our Services
Subject to your agreement to these legal terms including the
- Access the service
- Download or print a copy of any part of the Content to which you have lawfully accessed, solely for your personal, internal business use or non-commercial purpose.
Unless specified otherwise in this section or in any other part of our Legal Terms. It should be noted that no part of the services and no content or marks can be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever without our prior written consent.
If you dared to use the services, content or marks in a manner that is not described in this section or in any other part of our Legal Terms, please contact us at info@theaffilo.com.
If ever we permit you to reproduce, post, or publicly display any portion of our Services or Content, you shall identify us as owners or licensors of the Services, Content, or Marks and make sure that any copyright or proprietary notice appears or becomes visible on posting, reproducing, or displaying our Content.
We retain all rights not explicitly granted to you in and to the Services, Content, and Marks.
Any violation of these intellectual property rights will be a material violation of our Legal Terms and your right to use our Services will automatically cease.
Your submissions
Carefully read this section and the
Submissions: By submitting any question, comment, suggestion, idea, feedback, or other information regarding the Services (
You are the keeper of what you post or upload: By submitting Submissions to us via any component of the services.
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Acknowledge that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit via the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; so far as permitted by relevant law, waive any and all moral rights in respect of any such Submission; ensure that any such Submission are your own original work or that you have the appropriate rights and licenses to post such Submissions and that you have the requisite authority to grant us the above-described rights in respect of your Submissions; and represent and warrant that your Submissions are not confidential information. - For any submission, you will be responsible. It will be your duty to inform us for any inconvenience we suffer because of your breach which include (a) this section (b) any third party’s intellectual property rights and or (c) applicable law.
By using the services, you ensure that: (1) All registration information submitted by you will be true, accurate, updated and complete (2)You will keep such information accurate and update such registration information as necessary (4) You are not younger than 13 years old
If you give any information that is false, inaccurate and not up to date, or incomplete then we may suspend your account and deny any and all use of the Services in present or future.
4. USER REGISTRATION
You might be asked to register to access the Services. You undertake to maintain your password confidential and will be liable for all use of your account and password. We have the discretion to remove, reclaim and alter a username that you choose if we find that such username is obscene, inappropriate or objectionable.
We accept the following payment types:
You consent to submit current, complete, and accurate purchase and account information for all purchases made through the Services. You also agree to update, in a timely manner, account and payment information such as email address, payment method, and payment card expiration date in order to facilitate your transactions and contact you when necessary. Sales tax will be added to the cost of purchases as may be required by us. We can alter prices at will. All payments will be in in US dollars .
You promise to pay all fees at the prices prevailing at the time of your purchases and any shipping costs applicable, and you authorise us to charge your selected payment provider for such amounts on file when you place your order. We may correct any pricing errors or omissions even if we have requested or received payment.
We have the right to decline any order made through the Services. We can, in our sole judgment, restrict or cancel quantities bought per individual, per household, or per order. Such limits can include orders made by or from the same customer account, the same credit card, and/or orders that utilise the same billing address or shipping address. We may limit or prohibit orders that seem to be placed by resellers, distributors, or dealers.
6.
All sales are final and refunds will not be given.
7. PROHIBITED ACTIVITIES
You will not use or access the Services for any use other than for which we provide the Services. The Services are not to be used in conjunction with any commercial activities except those that are specifically sanctioned or approved by us.
You agree as a user of the Services not to:
- Systematically extract information or other materials from the Services to compile or create, directly or indirectly, a directory, compilation, database, or collection without our written consent.
- Trick, defraud, or deceive us and other users, particularly in any effort to acquire sensitive account information like user passwords.
- Circumvent, disable, or otherwise manipulate security-related functionality of the Services, including security-related functionality that prevents or limits use or copying of any Content or enforces limitations on use of the Services and/or the Content included within the Services.
- Disparage, tarnish, or otherwise harm, in our view, us and/or the Services.
- Use any information gained from the Services to harass, abuse, or injure another individual.
- Make unlawful use of our support services or make false reports of abuse or misconduct.
- Use the Services in violation of any laws or regulations applicable to the Services.
- Make unauthorised framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other content, such as the excessive use of capital letters and spamming (persistent posting of repetitive message), that interferes with any party's unbroken use and enjoyment of the Services or alters, damages, disrupts, changes, or interferes with the use, characteristics, capabilities, function, operation, or maintenance of the Services.
- Use any automated means in connection with the system, including but not limited to using scripts to send messages or comments, or using any data mining, robots, or other similar data scraping and data gathering equipment.
- Remove any copyright or other proprietary rights notice from any Content.
- Try to impersonate another person or user or use another user's username.
- Upload or send (or attempt to upload or to send) any material that functions as an active or passive information collection or transmission device, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other such devices (sometimes called "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or cause an unreasonable burden on the Services or the networks or services associated with the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents who are working in the provision of any part of the Services to you.
- Try to circumvent any of the measures of the Services intended for preventing or limiting access to the Services, or any part of the Services.
- Copy or reproduce the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- You can decipher and disassemble any software that is part of our services until allowed by any applicable law. If we allow and authorise you to use, launch, develop, or distribute any automated system such as without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services or use or launch any unauthorised script or other software.
- Employ a buying agent or purchasing agent to purchase on the Services.
- Engage in any unauthorised access of the Services, including gathering usernames and/or email addresses of users by electronic or other means with a view to sending unsolicited email, or establishing user accounts by automated means or under false pretenses.
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Employ the Services as part of any attempt to compete with us or otherwise utilise the Services and/or the Content for any revenue-generating activity or commercial business.
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION
By agreeing ,you provide consent for us to access, store, and utilize all of the personal data and information you give us. Further, if you send us any suggestions or other feedback about the Services, you allow us to use and share such feedback for any purpose without compensation to you.
10. THIRD-PARTY WEBSITES AND CONTENT
The services may include various things, including third-party websites, articles, photos ,text, graphics, images, designs, music, sound ,video, info, apps, and software. The content may originate from the third-party sources as well.
Keep this in mind that such third-party websites and third-party content are not researched, tracked or verified for accuracy, suitability or completeness by us.
We have no responsibility for any third-party websites accessed through the Services or any third-party content posted on or installed from the Services including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third-Party Content. Insertion of reference or authorization of use or installation of any Third-Party Websites or any Third-Party Content does not constitute endorsement or approval thereof by us. If you choose to depart the Services and visit the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should note that these Legal Terms no longer apply. You should read the relevant terms and policies, such as privacy and data collection practices, of any website to which you link from the Services or pertaining to any applications that you use or install from the Services. Any business you conduct through Third-Party Websites will be on websites and with other businesses, and we are not responsible in any way for such business which is solely between you and the relevant third party. You confirm and acknowledge that you do not approve the products or services provided on Third-Party Websites and you will keep us harmless from any damage your purchase of such products or services. Also, you will keep us harmless from any losses incurred by you or damage suffered by you pertaining to or resulting in any manner whatsover from any Third-Party Content or any interaction with Third-Party Websites.
11. ADVERTISERS
We permit advertisers to place their advertisements and other content in designated parts of the Services, for example, sidebar ads or banner ads. We merely make space available to position such advertisements, and we have no other connection with advertisers.
12. SERVICES MANAGEMENT
We have the right, but not the obligation to
(1) Monitor the Services for any violation of these Legal Terms
(2) Take all appropriate legal action against any party that violates the law or these Legal Terms.
(3) In our sole judgment and without limitation refuse, restrict access to, or limit the availability of any of your Contributions or any part thereof
(4) In our sole judgment and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are overly large in size or are otherwise burdensome to our systems
(5) Manage Services in a manner to protect our rights and property
13. PRIVACY POLICY
We respect your data privacy. To know more, please see our Privacy Policy: https://www.theaffilo.com/privacy. By using the Services, you acknowledge that you agree to be bound by our Privacy Policy, incorporated into these Legal Terms. Please note the Services are hosted in Australia. If you visit the Services from a different part of the world with varying legislation or other requirements controlling personal data collection, use, or disclosure, then by using the Services, you are transferring your data to Australia, and you agree explicitly to the transfer of your data to and processing in Australia.
We do not accept, request, or solicit information from children. If we find out that information is shared with minors, then we will promptly delete that information from the Services as is reasonably practicable.
14. TERM AND TERMINATION
These legal terms will be in full force while you utilize the Services.
The essence of this clause but not prejudically to any other term or provision of these legal terms , we may restrict use and access to the services to anyone for any reason or no reason. This is without any limitations for violating any representation, warranty, or covenant contained in these legal terms , violation of any regulation or law. We may terminate or restrict your use of or participation in the services , delete your account and any notice or information you may have posted at any time without notice.
If we close or suspend your account due to a breach of these terms, you are barred from registering and opening a new account in your name. Apart from closing or suspending your account, we have the right to seek a suitable legal remedy including without limitation civil, criminal, and injunctive relief.
15. CHANGES AND INTERRUPTIONS
We may make changes, modifications, or delete the content of the Services at any time or for any reason in our sole discretion without notice. But we are not obligated to update any information in our Services. We also have the right to change or terminate all or part of the Services without notice at any time. We will not be responsible to you or any third party for any change, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services are available at all times. We may have hardware, software, or other difficulties or need to carry out maintenance concerning the Services, leading to interruptions, delays, or errors.
Know that we have every right to modify, revise, update, suspend, discontinue and alter the services at any time and without any reason. You must acknowledge that we are not liable in any way for any loss, damage, or inconvenience resulting from your inability to access or use the Services during any such downtime or service discontinuance.
Nothing in these Legal Terms shall be interpreted to commit us to continue and support the Services or to provide any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
The legal terms are formed in accordance with the laws of Australia. Hence, we at Affilio Tech and you submit to the jurisdiction of the courts of Australia if any dispute occurs in future.
17. DISPUTE RESOLUTION
You agree to submit unconditionally and irrevocably all disputes of any kind, including with respect to any claims in the contract and whether arising under the agreements between the parties or otherwise in relation to these Legal Terms or the legal relationship established by these Legal Terms to the courts of Australia.
18. CORRECTIONS
The information provided on the Services may include typographical errors, inaccuracies or omissions, including in description, price, availability or other information. We may correct any errors, inaccuracies or omissions and change or update the information on the Services at any time, without notice.
19.
DISCLAIMER
By accessing the services, you acknowledge and agree by your use of the services that you are assuming the full risk and that program is not liable in any way for any losses or damages arising out of your use of the services.
This is without guarantees of any kind including with respect to merchantability, fitness for a particular purpose, or an infringement or violation of any third party rights. The program offers no warranty or guarantees about the accuracy, reliability, or currentness of any content or services contained on the services or any website or app that the user links from or to the services.
The program is not responsible for: any errors or omissions in any content, or for any personal or property damages resulting from, or in connection with, your use of the services; any unauthorized access, including but not limited to, to any personal or financial information; the uptime of any services; the transmission of viruses or other harmful computer code such as trojans; or any pure incidental services interruptions or losses.
The program does not endorse or guarantee any product, or service that is advertised or offered through the services, nor has no obligation or responsibility for any transaction between you and any entity with whom you are engaged in, or accessed content.
You should exercise caution and exercise your own judgment about the content, products or services that are linked to or offered in conjunction with the services.
20. LIMITATIONS OF LIABILITY
It is to inform you that our company and all other staff shall not be responsible to you or any third-party. If you use services and lose data or profit despite knowing the consequences, then it will be your fault and you will be responsible for it.
21. INDEMNIFICATION
You agree to indentify and hold harmless us and our subsidiaries, affiliates, and all of our respective officers, directors, agents, partners, and employees from and against any loss, damage, claim or demand, including reasonable attorney fees and expenses made by any third-party due to or arising out of:
22. USER DATA
We will retain some data which you send to the Services for the sake of controlling the performance of the Services, and data about your use of the Services. Even though we carry out periodic routine backups of data, you are fully responsible for all data which you send or which pertains to any activity you have carried out using the Services.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Accessing the Services, e-mailing us, and filling out online forms are electronic communications. You agree to receive communications electronically, and you consent that all agreements, notices, disclosures and other communications we send you electronically, by email and on the Services, meet any legal requirement that such communication be in writing.
You acknowledge your agreement to use electronic signatures, contracts, orders, and other documents, and agree to the delivery of electronic notice, policy and transaction record delivered, initiated or made by us or through the services.
You agree to waive any right or obligation under any law, regulation, rule, ordinance or other requirement in any jurisdiction to an original signature or delivery or retention of non-electronic records or to payments or grants of credit other than through electronic means.
24. CALIFORNIA USERS AND RESIDENTS
Contact Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs if you think we did not manage your complaint well. Complaint in writing at 1625 North Market Blvd suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms, as well as related policies, constitute the entire agreement between you and the person providing the service. No waiver of any part will be permitted as waiver of the right. The Terms apply as much as possible under the law, and the provider may transfer rights or obligations to third parties at any time. They are not responsible for delays or failures caused by matters beyond their control. If any part of the Terms is ruled unenforceable by a court of law, it does not affect the rest of the Terms. These Terms do not create any partnership or agency and the electronic version is valid without a signature.
26. CONTACT US
Contact us for further information and services.
